Category: Social Justice

The Supreme Court is pondering the fate of Harvard’s race-based admissions system (see It was okay to discriminate against white people, but maybe it is not okay to discriminate against Asians and What is Harvard’s argument for race-based admissions in the #StopAsianHate age?). From the Bad Guys (TM):

Here’s part of an email from the Harvard president, sent on Halloween:

When Harvard assembles a class of undergraduates, it matters that they come from different social, economic, geographical, racial, and ethnic backgrounds. It matters that they come to our campus with varied academic interests and skill sets. Research and lived experience teach us that each student’s learning experience is enriched by encountering classmates who grew up in different circumstances.

Harvard is not alone in believing that we are more than our test scores and that our unique perspectives bring a wealth of educational benefits to a high-quality educational enterprise.

See if we can guess an ethnic group that is less than its members’ test scores…

The legal battle we have waged, which reaches its apex today, is as important to other colleges and universities, and to society, as it is to us. Educators and scholars, civil rights organizers, historians, and education advocates stand with us. Leaders in business and technology stand with us. Former military officers and the heads of the nation’s service academies stand with us. Their voices—ringing out in amicus briefs—are part of a chorus that has risen across our campus and throughout our country in defense of forty years of legal precedent, as well as the history of the 14th Amendment.

Today, individuals of great skill will argue in favor of our cause inside the highest court in the land.

Mediocre individuals were apparently scheduled to argue against Harvard’s Great Cause.

We now await the final decision of the court with earnest anticipation. Whatever it is, we will honor the law while also remaining true to our values.

Translation of “remaining true to our values”: “We will find a workaround so that we can continue discriminating against these Asian nerds without running afoul of the law.”

This academic bureaucrat is proud of the work that he has done for decades in sorting student and faculty applicants by skin color. Suppose, however, that the Supreme Court rules that the sort-by-skin-color policy is unconstitutional. By inference, then, Harvard and its bureaucrats have been depriving applicants of their constitutional rights to be judged by factors other than skin color. The big question for today: Will the president of Harvard and lesser bureaucrats offer an apology?

Speaking of unconstitutionality and appeals, what happened to the Biden administration’s appeal of Judge Kathryn Mizelle’s finding that the CDC’s mask order was unconstitutional? Joe Biden never apologized for violating Americans’ constitutional rights, I don’t think. The appeal was filed in April (heritage.org). In the meantime, it looks as though Joe Biden actually could legally order Americans to #MaskUpSaveLives. The courts seem to agree that this can be done via the TSA if not the CDC. “Supreme Court leaves TSA mask requirement ruling in place” (The Hill, Halloween):

The Supreme Court on Monday let stand a ruling that allows the Transportation Security Administration (TSA) to require mask-wearing on planes, trains and other forms of transport.

The U.S. Court of Appeals for the D.C. Circuit found no merit in Corbett’s claim and affirmed the TSA did have the agency to maintain security and safety within the transportation system, including imposing the masking requirement.

Biden has the power to keep us safe and secure! But why didn’t he reimpose the airport-and-airline mask order on November 1 after the Supreme Court failed to intervene? Even if most airline passengers are vaccinated we don’t want people gathering unmasked and breeding a vaccine-resistant superbug that will be deadly to the unvaccinated, as happened with Marek’s disease. Even if Democrats can control the entire United States and force everyone to get accept COVID-19 vaccinated there will still be billions of unvaccinated and/or unboosted folks in poor countries who would be vulnerable to the superbug that we created via our policy of widespread vaccination followed by mass gatherings.

Is Joe Biden following the Science, but waiting until after the election to bring the masks back?

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“In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America” (scotusblog.com):

In 2003, the Supreme Court ruled in Grutter v. Bollinger that universities may consider race in their admissions processes as part of their efforts to achieve diversity on campus. On Oct. 31, the justices will hear oral arguments in a pair of cases asking them to overturn Grutter and outlaw race-based affirmative action in higher education altogether.

The challengers urge the justices to rule that the Constitution and federal civil rights laws bar any consideration of race in college admissions. But the universities at the center of the dispute, as well as their supporters, counter that overruling Grutter would have sweeping effects well beyond university admissions, affecting everything from the performance of U.S. businesses to the practice of medicine in an increasingly diverse society.

Both of the lawsuits were filed in federal court in 2014 by a group called Students for Fair Admissions, which describes itself as “dedicated to defending the right to racial equality in college admissions.” The group was created that same year by Edward Blum, a stockbroker and conservative activist who, though not a lawyer, has backed other prominent lawsuits challenging the consideration of race in undergraduate admissions as well as a challenge to the constitutionality of the Voting Rights Act. SFFA says it has more than 20,000 members.

The two universities being challenged are Harvard University and the University of North Carolina. But according to Harvard’s brief, over 40% of all U.S. universities — and 60% of selective universities — consider race in some form during their admissions process. The cases being heard on Monday could affect all of them.

“Consider race” = “discriminate by race” and it was legally okay for decades despite a U.S. Constitution that apparently barred such discrimination, at least for the government and its affiliates. I wonder if we can cut through all of the briefs that have been filed in this case. Can the issues be summarized with the following?

• It is settled law that discriminating against white people is okay and, in fact, something to be proud of.
• Asians now wear the “people of color” mantle.
• It is not okay to discriminate against one subgroup within “people of color” in favor of another subgroup within that victimhood category.
• Universities are not just discriminating against white people (permissible/legal/praiseworthy), but they’re also discriminating against Asians (impermissible/illegal/deplorable).

Who wants to bet on the outcome of these cases?

The current ruler is on the side of the righteous:

The Biden administration, which filed a “friend of the court” brief supporting the universities, pushes back sharply against SFFA’s suggestion that the universities’ consideration of race as one factor in their admissions programs is inconsistent with the court’s decision in Brown. SFFA’s “persistent attempts to equate this case with Brown trivialize the grievous legal and moral wrongs of segregation,” U.S. Solicitor General Elizabeth Prelogar writes.

The Ivy League schools from which the Supreme Court justices graduated are on the side of the righteous and, in fact, are the most eager and aggressive sorters of applicants by skin color.

So if we think of courts as helping the powerful, this one should go in favor of righteousness (continued racial discrimination).

On the other hand, it is tough to think of a way for the justices to write a decision that would allow continued discrimination against whites (the oppressors) while forbidding discrimination against Asians (successfully established in the victimhood category). The previous decision was absurd: “Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.” Via this approach to Constitutional law we could say that slavery is permissible right now because we’re in an inflation crisis and high wages are driving up prices, which then drive up wages in a spiral. Since we can’t stop indexing government spending to inflation, the only way to break the spiral is for 25 percent of working-age Americans to be enslaved. “Court expects that 25 years from now, the use of slavery will not longer be necessary to stop the inflation spiral that was launched in 2021.”

Because I am not creative enough to envision how a decision barring discrimination only against Asians could be written, my prediction is that race discrimination by these universities that get taxpayer money will be outlawed.

A Harvard job ad for an astronomy professor requires “Statement describing efforts to encourage diversity, inclusion, and belonging, including past, current, and anticipated future contributions in these areas” and “Demonstrated strong commitment to teaching, advising, and broadening institutional diversity is desired.”

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